All Documents Index
Did you know that the Unique Property Selector from the RLA can help you find the useful documents we have on different parts of the Housing Act?
Just answer a series of simple questions about your property and let the Property Selector determine whether or not the property is an HMO, whether it needs a property licence, and which fire safety precautions are required.
All Documents Relevant To The Housing Act On The RLA Website
- INTRODUCTION / CHANGES IN LEGISLATION
- WHAT IS AN HMO?
- COMMON FEATURES OF AN HMO
- MAIN RESIDENCE
- USE AS A RESIDENCE
- RENT AND OCCUPATION
- HMO DECLARATIONS
- WHO IS RESPONSIBLE FOR COMPLIANCE?
- WHICH PROPERTIES ARE LICENSABLE?
- HMOS NOT REQUIRED TO BE LICENSED
- MANDATORY HMO LICENSING
- ADDITIONAL HMO LICENSING
- DEEMED ADDITIONAL HMO/TRANSITIONAL LICENSING
- WHAT SELECTIVE LICENSING IS ABOUT
- THE AREAS WHERE SELECTIVE LICENSING APPLIES
- WHAT HAPPENS IF A PROPERTY IS NOT LICENSED WHEN IT SHOULD BE?
- CRIMINAL OFFENCE
- RENT REPAYMENT ORDER
- RESTRICTION ON TERMINATING TENANCIES
- MANAGEMENT ORDERS FOR NON LICENSABLE PROPERTIES
- LICENSING PROCEDURE
- LICENCE APPLICATION
- LICENSING CRITERIA
- MINIMUM NATIONAL AMENITY STANDARDS FOR LICENSABLE HMOS
- LICENCE CONDITIONS
- VARIATION/REVOCATION OF LICENCES
- TRANSFERS/SALES OF LICENSED PROPERTIES
- TEMPORARY EXEMPTIONS
- MANAGEMENT REGULATIONS
- OVERCROWDING NOTICES (NON LICENSABLE HMOS)
- HOUSING HEALTH & SAFETY RATING SYSTEM - HHSRS
- FIRE SAFETY
- GENERAL PRINCIPLES OF FIRE SAFETY
- BUILDING REGULATIONS AND FIRE SAFETY
- HOUSING HEALTH AND SAFETY RATING SYSTEM (HHSRS) AND FIRE SAFETY
- FIRE SAFETY ORDER
- FIRE RISK ASSESSMENTS
- HMO MANAGEMENT REGULATIONS AND FIRE SAFETY
- HMO LICENCE CONDITIONS AND FIRE SAFETY
- HMOS AND PLANNING
- HMOS AND COUNCIL TAX
- REGISTER OF HMOS, TEMPORARY EXEMPTIONS AND MANAGEMENT ORDERS
- APPEALS AND THE RESIDENTIAL PROPERTY TRIBUNAL
- MANAGEMENT ORDERS
- CODES OF PRACTICE
- HMO PROBLEMS
This summarises the changes made by the Housing Act 2004.
The definition of a house in multiple occupation is complex. Not all HMOs, however, require a licence. This Section gives detailed guidance as to the rules for determining which properties count as HMOs.
A property is only an HMO if it is not occupied by a single household. Here the definition of “household” is explained.
It is a requirement for a property to be an HMO the property has to be the only/main residence of the occupants but this is also extended to certain other situations. These are explained here.
To be an HMO the only use of the property should be as a residence. However, the residential part of a mixed communal/residential property is still a HMO. HMO declarations can also be made by the local authority to override this requirement.
Rent generally has to be payable for a property to be an HMO.
This can override the requirement that the resident accommodation can only be used as the occupant’s only/main residence etc.
This explains how the landlord/his agent becomes responsible for seeing that the legislation is complied with in individual properties.
Not all HMOs are licensable. This Section gives information about those HMOs which are subject to licensing and also those cases where selective licensing applies for all rented properties.
The legislation uses certain technical expressions and in this section these are explained.
Flats are perhaps the most complex area when it comes to working out which properties are HMOs and which are not. In this section detailed guidance is given about how the legislation applies to blocks of flats.
Various properties are exempt from being treated as HMOs at all. These are listed out in this section. However, the HOUSING HEALTH AND SAFETY RATING SYSTEM (HHSRS) still applies.
Here the law is summarised in relation to those HMOs which do not require an HMO licence.
Properties with five or more occupants and three or more storeys are subject to HMO licensing. This section explains the detailed rules.
Local authorities can impose additional HMO licensing on those HMOs not subject to Mandatory Licensing where there are problems associated with poor management. As yet no such areas have been designated.
This applies in those areas which were subject to old style HMO registration schemes under the old legislation.
Selective licensing applies in designated areas where there is low demand and/or anti social behaviour. This section explains how selective licensing operates.
Here we tell you in which areas selective licensing applies.
No Section 21 Notice can be given.
In this section the procedure for applying for a licence (whether an HMO licence or a selective licence) is explained.
What has to be done to apply for a licence and the information required.
Here an explanation of what criteria have to be met so that a licence can be granted.
This explains the general rules regarding licences once granted.
There are nationally laid down minimum standards which apply to HMOs requiring a licence. Local authorities can impose their own higher requirements.
Property licences will be granted subject to various conditions and these are explained here.
Once granted a licence can be varied or revoked. This section sets out the circumstances in which this can be done.
Licences are non transferable and here we deal with the situation where there is a transfer or sale of the licensed property.
Temporary Exemption Notices provide temporary exemption for properties which would otherwise be subject to HMO licensing or selective licensing. The circumstances in which such a temporary exemption can be granted are detailed here.
These are detailed regulations setting out how an HMO must be managed. They apply whether or not the HMO is licensable.
Even though an HMO does not require a licence if it is overcrowded the local authority can serve notice limiting the number of occupants.
This lays down standards relating to condition in all residential accommodation (including HMOs).
This provides the unique interactive facility to enable you to work out which fire safety legislation applies to a particular property.
This gives guidance on how, in practice, you can comply with the various requirements for fire safety depending on which particular legislation applies.
This gives an explanation of how building regulations deal with fire safety when building work is carried out.
There are standards to be observed in relation to firE safety for all rented accommodation (not just HMOs)
The Fire Safety Order applies to all non domestic premises which includes the common parts of flats and HMOs. This section explains what are the requirements of the Fire Safety Order including risk assessments.
This gives general guidance about how to carry out a fire safety risk assessment.
HMO Management Regulations which apply to all HMOs lay down regulations to ensure that fire precautions are properly maintained.
Where an HMO licence applies then licence conditions can, in certain circumstances, be imposed in relation to fire safety.
The definition of an HMO for planning purposes is now different to that for housing/environmental health purposes. Here the rules relating to planning and HMOs are explained.
Likewise, there is a different definition of an HMO for Council Tax purposes. This affects both banding and the liability to pay Council Tax. This section explains the rules in respect of Council Tax.
There is now a requirement for a public register of HMOs and other related information.
Appeals in respect of HMOs, HHSRS and licensing go to the Residential Property Tribunal. This explains what the Tribunal can do.
If a property is not licensed when it should be and in certain other circumstances a management order can be made by the local authority which enables it effectively to take over the running of the property.
The intention in due course is that there should be a Code of Practice for all HMOs. Currently there are only codes of practice relating to certain educational institutions.
In this section we identify and discuss situations where the law is not clear. Different possible interpretations are explained.